Neutral Citation No. - 2025:AHC-LKO:47157 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2533 of 2025 Applicant :- Rohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant married his daughter, Sandhya, to the applicant, Rohit, on 30.05.2023. She was allegedly harassed by her husband and in- laws for dowry, despite the complainant stating he had nothing more to give. It is further alleged that on 28.08.2024, at about 4:30 p.m., the deceased was murdered by her in-laws. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. General allegations have been made against six family members, and the investigating officer while filing the charge sheet has dropped name of three accused persons. PW-1 (a formal witness) and PW-2 (the complainant) have been examined, and PW-2 did not support the prosecution during cross-examination. It is submitted that the cause of death is asphyxia due to antemortem hanging. Since the complainant has been examined, there is no likelihood of evidence being tampered with. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA opposes the bail plea, pointing out that the postmortem report mentions three antemortem injuries in the form of abrasions and contusions, and the applicant is the deceased’s husband. In reply, learned counsel for the applicant contends that the inquest report records no antemortem injuries and the injuries noted may have been caused during transportation of the body to the mortuary. In view of the fact that the complainant has already been examined, the applicant is in custody since 30.08.2024 with no criminal antecedents, the allegations in the prosecution case are general in nature against multiple accused persons, the cause of death is asphyxia due to antemortem hanging, only two out of eighteen prosecution witnesses have been examined so far, and the trial is not likely to be concluded in the near future, this Court, keeping in mind the principles laid down by the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Rohit involved in Case Crime No.230 of 2024, Under Sections- 80, 85 of BNS, 2023 and Sections 3/4 of Dowry Prohibition Act, Police Station- Behta Mujawar, District- Unnao be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 12.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench